The 2nd Avenue/2nd Street lot saga may have a new chapter

Photos and reporting by Stacie Joy

Questions continue to surround the long-vacant lot at the northeast corner of Second Avenue and Second Street. This site has been the subject of years of litigation, neighborhood concern, and stalled development plans. 

Now there's a new wrinkle. According to Robert Proto, an adjacent property owner, the developer Gemini Rosemont is once again preparing to put the property on the market — and may be winding down its New York City operations altogether. 

Proto, who successfully challenged earlier permits for the proposed development and remains in litigation with Gemini (see below for more background), says he has not been contacted directly by the company.

Instead, he's hearing from brokers and others in the real estate world as word circulates about a potential sale. 

 We reached out to Proto to ask what he's hearing — and what might come next for the still-empty site. (We also contacted Gemini Rosemont, and did not get a response.)

You mentioned that Gemini may be wrapping up operations here and putting the site up for sale. What are you hearing, and from whom? 

I have not had contact with Gemini. I'm still in litigation with them. I've received several phone calls asking if I'm aware that the site is being put up for sale and whether I've given an access agreement. The answer was no and no. These people also told me that Gemini is closing up its New York operations. I can't confirm that this is true. 

Have they formally listed the property yet? 

 They have not listed it yet, but they've approached all the top brokers. I've already been contacted by three firms. They did get the plans approved last year despite my protest with the DOB. I still don't believe those plans are code-compliant, and I'm confident I can prove that on appeal. I've also been told — by someone friendly with a top person at Gemini — that they are liquidating their holdings and closing up shop, at least in New York. Again, that's what I know right now. Interestingly, several of their New York employees are looking for work on LinkedIn. 

What did this experience teach you about how developers — and the city — actually operate? 

I think there are good and bad developers. These are bad developers. I've learned that the city and the DOB put the needs of adjacent owners and tenants behind those of developers — especially under the Adams administration. I've found the DOB to be incompetent and corrupt, sadly. 

Given the property's potential transition, who is responsible for maintaining and monitoring the lot? 

The lot is still owned by Gemini, so it would be their responsibility.

What's the current state of the property when you look out your window? 

Nothing has changed at the site. I don't believe anything will happen for a while. 

Even if it changes hands, I still have not given an access agreement.

I also contend the plans aren't code-compliant, and I have avenues to appeal any issuance of a permit. It could take several years of appeals and litigation.

Looking ahead, what would you like to see happen here? 

I've always maintained that my only goal was to protect my building and tenants — not to stop development of the site.

If it changes hands, my hope is that the new owner will have learned from Gemini's mistakes and will come forward with plans that ensure neighboring properties aren't damaged. 

This whole saga occurred because Gemini thought they could steamroll anyone in their way. I believe that when you enter into an agreement with someone, you honor it. Gemini didn't. 

Second Avenue and Second Street sagas

In 2020, Gemini Rosemont spent more than $50 million to assemble the development ... buying the former La Salle annex at 38 Second Ave. and Second Street. The $14.5 million purchase of the four-story building was the third of three contiguous plots they acquired. The commercial real estate investment company closed on 42-44 Second Ave. and 46-48 Second Ave. (the former Church of the Nativity) in March 2020 for $40 million. 

However, as The Real Deal first reported in August 2023, the city revoked the building permits after Proto, who owns 50 Second Ave. at Third Street, raised concerns about the development.

Per TRD: "Proto made unceasing calls to officials for weeks, triggering an audit by the Department of Buildings that found code and zoning issues that had initially slipped past the agency."

Previously on EV Grieve:

 • On 2nd Avenue and 2nd Street, an empty lot and lots of questions about what's next